Case: State Of Arizona v. Maricopa County Community College District Board

13-cv-09093 | Arizona state trial court

Filed Date: June 25, 2013

Closed Date: Nov. 6, 2018

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Case Summary

In 2013, the State of Arizona filed this lawsuit against the Maricopa County Community College District Board. The State of Arizona sought declaratory and injunctive relief, arguing that federal and state law both prohibit granting in-state tuition to students based on state residency when they are not lawfully in the United States, therefore, the defendant could not allow DACA recipients to pay in-state tuition rates.Two DACA recipients who paid in-state tuition intervened. The two students an…

In 2013, the State of Arizona filed this lawsuit against the Maricopa County Community College District Board. The State of Arizona sought declaratory and injunctive relief, arguing that federal and state law both prohibit granting in-state tuition to students based on state residency when they are not lawfully in the United States, therefore, the defendant could not allow DACA recipients to pay in-state tuition rates.

Two DACA recipients who paid in-state tuition intervened. The two students and the Maricopa County Community College District Board filed motions for summary judgment, which were granted by the trial court on May 6, 2015, under the argument that DACA recipients are "lawfully present" in the United States and thus eligible for in-state tuition benefits.

On June 20, 2017, the Court of Appeals of Arizona reversed the trial court's ruling and remanded with instructions to enter a judgment enjoining the Maricopa County Community College District Board from granting in-state tuition to DACA recipients. The Court of Appeals held that although DACA recipients could be considered "lawfully present" for the purpose of obtaining employment authorization documents, these documents did not automatically confer eligibility for in-state tuition, and Arizona's statutory scheme for education benefits did not demonstrate the opposite intent.

On May 1, 2018, the Supreme Court of Arizona issued an opinion stating that DACA recipients were not eligible for in-state tuition in Arizona, because Congress had not identified them as "lawfully present" for purposes of public benefits eligibility under federal law, and Arizona had not made in-state tuition available to all people regardless of residence. The Supreme Court remanded the case to the trial court

for proceedings consistent with the opinion, including the instructions to enter a judgment enjoining the Maricopa County Community College District Board from granting in-state tuition to DACA recipients. The district court issued this ruling on November 6, 2018. The case is now closed.

Summary Authors

Daniele de Oliveira Nunes (3/31/2019)

People


Judge(s)

Bales, W. Scott (Arizona)

Jones, Kenton D (Arizona)

Attorneys(s) for Plaintiff

Ray, Kevin D. (Arizona)

Attorneys(s) for Defendant

Adams, Lynne Christensen (Arizona)

Other Attorney(s)

Active

Judge(s)

Bales, W. Scott (Arizona)

Jones, Kenton D (Arizona)

Attorneys(s) for Plaintiff

Ray, Kevin D. (Arizona)

Attorneys(s) for Defendant

Adams, Lynne Christensen (Arizona)

Other Attorney(s)

Fidell, Eugene R. (District of Columbia)

Documents in the Clearinghouse

Document

13-cv-09093

Docket

Nov. 5, 2018

Nov. 5, 2018

Docket

CA-CV 15-0498

Opinion

State v. Maricopa County Community College District Board

Arizona state appellate court

June 20, 2017

June 20, 2017

Order/Opinion

13-cv-09093

CV-17-0215-PR

Opinion

Arizona state supreme court

May 1, 2018

May 1, 2018

Order/Opinion

Docket

Last updated Aug. 18, 2022, 3:03 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 25, 2013

Closing Date: Nov. 6, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The State of Arizona

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maricopa County Community College District Board (Maricopa), School District

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Immigration status

National origin discrimination

Type of Facility:

Government-run

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation